Full Judgment
1 MCRC.
No.1626 /2013 1.4.2013 Shri Sanjeev Kumar Singh, Adv.for the petitioner/applicant.
Smt.
Nirmala Nayak, GA for state.
Heard.
Learned counsel for the applicant submits that co-accused Sani @ Akash Pratap Singh has been granted bail u/s 439 Cr.P.C in Misc.Cr.Case No.729/2013 on20/02/2013 for the offence u/s 395, 397 of IPC and 11 and 13 of A.D.Act that looted gun itself was seized from the possession of complaiant Surendra Verma hence the applicant may be entitled to grant anticipatory bail .
Learned counsel for the State objected and submits that though the case is similar but as per incident of the case is u/s 11 and 13 of the MP Dacoiti Act (AD Act) in which there is specific bar for anticipatory bail.
At this stage, learned counsel for the applicant wants to withdraw this application with direction that on applicant being surrendered before the Court or on he being arrested and brought before the trial Court then the applicant Amit Gupta may be released on bail and his bail application may be considered in the light of order passed in Misc.Cr.
Case no.729/13 on 20.2.2013.
Looking to the facts and circumstances of the case this application is dismissed as withdrawn with this observation that the trial Court may consider bail application u/s 439 Cr.P.C of the applicant if applicant surrendered or brought before the trial Court in the light of order passed in Misc.Cr.
Case no.729/13 on 20.2.2013 in accordance with law.
C c as per rules.
(M.A.Siddiqui ) JUDGE Ag/ 1